Sale of Goods

Question 1

Wathelet v Garage Bietheres

Answer 1

Where a trader acting as intermediary on behalf of private individual presents themself as the seller of consumer goods to buyer, they can be held liable under CRA.

Question 2

5 key elements of a contract of sale.

Answer 2

• 2 parties
• contract
• transfer of property
• goods
• price

Question 3

PST Energy 7 Shipping LLC v OW Bunker Malta Ltd

Answer 3

• fuel for ship. Contract contained title retention clause - payment up to 60 days
• most fuel had been used up
• Held: this was not a contract for sale of goods
• transfer of title was not essence of contract

Question 4

Armour v Thyssen

Answer 4

• contract condition reserving title after delivery until debts paid is valid and enforceable
  The House of Lords held that a condition in a contract reserving title in the seller after delivery until all debts whatsoever are paid is valid, enforceable, and does not create a charge.

Question 5

Clark Taylor v Quality Site Development

Answer 5

• sets out criteria for valid truster-as-trustee trust

Question 6

Michael Gerson Ltd v Wilkinson

Answer 6

• requirements for delivery under s24
• sale and leaseback arrangement amounts to a transfer of constructive possession
• this allows good title to be acquired by seller (good faith)

Question 7

Four Point Garage Ltd v Carter

Answer 7

• s25 was operative, C gained good title
• when car was transferred on instruction, seller took constructive possession
• C was unaware of party in contract with seller (Freeway and FPG) so recieved good title

Question 8

Ashington Piggeries Ltd

Answer 8

• plaintiffs provide animal feed to defenders
• description relates to words used to describe goods not actual quality of goods
• no breach of s13 despite contaminated goods

Question 9

Lamarra v Capital Bank Ltd

Answer 9

• whilst s14 and s9 (quality) have wide scope, manufacturers warranty was not a relevant circumstance
• did not give info of goods quality at delivery